Division of Occupational & Professional Licensing
Joint Design
Boards -
Licensed Design Professionals' Overlapping Practice Guide for Local Government
Officials -
The Submission of Plans and Other Documents
The Task Force acknowledges that there is an overlap among various design professions both in the area of education and practices. While it is possible that a professional of one profession may competently perform certain aspects of another profession, Maryland law and regulations place certain limitations on such activities. For example, the Code of Maryland Regulations, 09.21.01.05, Rules of Conduct, governing architects, provides in the pertinent part as follows:
Similarly, the Code of Maryland Regulations, 09.23.03.09, Sealing Requirements, governing professional engineers, provides in the pertinent part as follows:
The Code of Maryland Regulations, 09.13.01.04, governing professional land and property line surveyors, provides in the pertinent part as follows:
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Similarly, the Code of Maryland Regulations, 09.28.02.03, governing landscape
architects, provides in the pertinent part as follows:
Finally, the Code of Maryland Regulations, 09.18.02.06, governing certified
interior designers, provides in the pertinent part as follows:
These paragraphs and similar examples in the other professional licensing laws require that all professionals practice within their respective areas of knowledge and expertise. |
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As an example, a professional engineer who has an expertise in electrical engineering (but not in structural engineering) is not legally qualified to seal any aspects of projects involving structural engineering; yet there is no indication of this restriction on his or her seal or license. Conversely, the electrical professional engineer may have a project involving a power upgrade to a building that increases the number of required exits from the service entry room from one to two. Certainly, the professional engineer should be allowed to detail and specify the door if it is within that professional engineer's knowledge and experience. It would be an arbitrary restriction to assert that since the professional engineer does not have an architectural seal, he or she can not detail and specify the door.
Likewise, an architect may have a project that involves some structural, electrical and HVAC work. The training, examination and practice of the specific architect may qualify him or her to design these systems and therefore place their architectural seal on them. The question is then not as narrow as "Who has which seal?", but also "Who has the appropriate experience and education to use their seal on the subject documents?" The local government officials in the various jurisdictions in the State of Maryland are responsible for determining that the construction documents adequately describe a building project which, when completed, will meet the applicable codes and protect the public health, safety and welfare. While the local government officials are reasonable in relying to a certain degree on the respective professional seal affixed to the construction documents, they have to keep in mind that they serve as a safety check point. The typical experience is that there will be comments made by the local government official, which will result in corrections or discussions with the design professional. The following procedure is suggested to local government officials when they are presented with a set of multi-disciplined construction documents, and it appears to the local government official that the design professional who has sealed the construction documents may not be qualified in the subject area. |
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A.
Review the submissions sealed by a licensed design professional without
respect to the appropriateness of a particular seal. Following the review, contact the design professional whose seal appears on the construction documents and request an opportunity for review of the appropriateness of the seal applied in the specific case. As a result of such review, changes to the documents and/or the involvement of another design professional may result.
B. If a local government official is not satisfied with the results of this process, he or she could refer the individual to the appropriate Design Boards for review of his or her qualifications by filing with the appropriate Design Boards the Request for Determination on the form attached as Exhibit A. The Design Boards will create various advisory panels that will consist of, as needed, two professional Board members from each of the Design Boards involved in a particular overlap inquiry, and one consumer member from any of the remaining three non-involved Design Boards. The advisory panel will review the inquiry, gather such additional information as it may deem necessary, and will submit its findings to the local government official, the design professional, and the relevant Design Boards. While it is not the responsibility of the local government official to determine the professional's credentials, the local government official may suspend further processing of the permit application until the matter is resolved. The Boards suggest that the official makes a reasonable attempt to work with the design professional before initiating a disciplinary process. This method of review and challenge will preserve the rights of those professionals qualified to work in an expanded scope area while protecting the health, safety and welfare of the citizens of the State of Maryland. Note: Exhibit B contains relevant excerpts from the Annotated Code of Maryland, as well as a list of helpful phone numbers. |
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Updated September 28, 2006